What is a default judgment?

A default judgment is entered by a plaintiff if, after being served with the claim and statement of claim, the defendant does not file a notice of intention to defend and a defence.

What is the purpose of a default judgment?

A default judgment is an order from the Court that the defendant owes the plaintiff an amount of money. The judgment can then be enforced with an enforcement warrant or insolvency.

How is a default judgments enforced?

The defendant can ask the Court for a number of enforcement warrants, such as - a warrant for redirection of earnings or a warrant for seizure and sale of property. Default judgments can also be enforced with insolvency.

How long does it take for a default judgment?

28 days. If the defendant does not serve a notice of intention to defend and a defence within 28 days after being served with the claim and statement of claim, you can ask the Court to give you default judgment.

How can I set aside a default judgment?

To set aside a default judgment you will need to prove the following: Whether there is a good reason why the defendant failed to file a defence; Whether there has been any delay by the defendant in bringing the application; Whether the defendant has raised a prima facie defence on the merits.

What are the elements to set aside default Judgement?

To set aside a default judgment, typically, the following elements are considered essential: Valid Reason: Demonstrating a legitimate reason for not responding to the original claim or for the default judgment being entered. Prima Facie Defence: Presenting a plausible defence to the original claim, even if it’s not detailed. Prompt Application: Ensuring that the application to set aside the judgment is made promptly once the default judgment is known. Compliance: Adhering to any procedural requirements, such as filing and serving documents correctly.

What is a prima facie Defence?

A “prima facie” defence refers to a defence that, on its face value, is legitimate and has merit. In simpler terms, it means that the defence presented appears to be valid and can stand in court when initially examined. It doesn’t have to be detailed but must show some basis that, if proven true, would constitute a valid defence against the claim.

How long does a Judgement last in Qld?

In Queensland (Qld), a judgment typically lasts for 12 years. This means that the person to whom the money is owed (the judgment creditor) has 12 years from the date of the judgment to enforce it. However, it’s crucial to note that the methods of enforcement and the time limits for specific enforcement actions might vary, so it’s advisable to seek legal advice or refer to the relevant legislation for detailed information.

How do I set aside a decision in QCAT?

To set aside a decision in the Queensland Civil and Administrative Tribunal (QCAT), you typically need to: File an Application: Submit an application to set aside or amend the decision, ensuring it is within the stipulated time frame. Grounds for Application: Clearly state the grounds on which you believe the decision should be set aside, such as an error in the decision or new evidence. Supporting Documents: Provide any documents or evidence that support your application. Attend a Hearing: Be prepared to attend a hearing where you’ll need to present your case for setting aside the decision. Legal Assistance: It might be beneficial to seek legal advice to navigate through the process effectively and ensure all legal protocols are followed.

Category: Civil Litigation

Setting Aside a Default Judgment in Queensland

Setting Aside a Default Judgment in Queensland If a default judgment has been entered against you, then you must act quickly and seek an order

Discuss Your Case With A Trusted Lawyer

We approach your dispute with – strategic thinking, commercial solutions & positive outcomes.Our honest process is designed to get you the best commercially sensible resolution

Litigation Services

Category: Civil Litigation

Setting Aside a Default Judgment in Queensland

Claim A No Obligation Case Evaluation

Discuss Your Case With A Trusted Lawyer

Quick Links

Litigation Services

Home

News & Blogs

Contact Us